Fred Litwin
Apr 12, 20222 min
Jim Garrison appealed the Christenberry decision which prohibited his perjury charges against Clay Shaw from proceeding. The United States Court of Appeals for the Fifth Circuit upheld Christenberry, and Judge John Wisdom wrote the decision:
You can read the case in text format here.
There are also 13 summaries of the case included on that site.
In Shaw, we detailed then District Attorney Jim Garrison's harassing prosecution of Clay Shaw and the bad faith tactics Garrison employed in his zealous investigation of the assassination of President John F. Kennedy. Shaw represents perhaps the paradigm in this Circuit of impermissible prosecutorial motives.Summary of this case from Musslewhite v. State Bar of Texas
In Shaw v. Garrison, 467 F.2d 113, 120 (5th Cir.), cert. denied, 409 U.S. 1024, 93 S.Ct. 467, 34 L.Ed.2d 317 (1972), our predecessor court determined that "there is a federal right to be free from bad faith prosecutions."Summary of this case from Strength v. Hubert
In Shaw v. Garrison, 467 F.2d 113 (5th Cir. 1972) the plaintiff sufficiently demonstrated that his pendent state prosecution for perjury was made in bad faith.Summary of this case from Jaffrey v. Atl. Cnty. Prosecutor's Office
Garrison appealed this to the Supreme Court which refused to hear the case.
Memphis Commercial Appeal, November 22, 1972
Once again, Garrison issued a scathing press release. I noted on my blog post:
Is this the product of a sane man? The assassination was a "professionally executed guerilla ambush," with four gunmen - two in front, and two in back. Oswald was "planted" in the Texas School Book Depository. Jack Ruby was a "professional operative for government intelligence." Even the control of night clubs, near military bases, was "standard operating procedure for the domestic espionage operation."
Previous Relevant Blog Posts
n January 1971, Judge Herbert Christenberry conducted three days of hearings on Garrison's prosecution of Clay Shaw for perjury. Here is his decision.
Why did Jim Garrison Ask for a Preliminary Hearing?
Jim Garrison claims he asked for a preliminary hearing on the Clay Shaw prosecution because of fairness, but here is the real reason.
Jim Garrison Takes The Stand...
In the lawsuit to stop Garrison's perjury charges, Judge Herbert Christenberry held three days of hearings in January of 1971. Jim Garrison, still the District Attorney, was forced to take the stand and was examined by Clay Shaw's attorneys.
Lt. Edward O'Donnell Testifies about Perry Russo's Lie Detector Test...
Judge Herbert Christenberry held three days of hearings from January 25-27, 1971, to determine if Clay Shaw should stand trial for perjury. We've already posted highlights of Jim Garrison's testimony. Today, we post the entire testimony of Lt. Edward O'Donnell who conducted lie detector tests for Garrison in the 1960s.
Why Did Perry Russo Plead The Fifth?
Perry Russo testified in the three-day hearing held by Judge Herbert Christenberry in January 1971 that was held to determine if Clay Shaw should be tried for perjury. He plead the fifth amendment.
1972: Jim Garrison Releases Crazy Statement After the U.S. Supreme Court Rules Against Him.
On November 20, 1972, the U.S. Supreme Court declined to hear Jim Garrison's petition to overturn the permanent injunction against trying Clay Shaw for perjury. Here is Garrison's reply.